Integrity Trust et al v. Capital One, N.A. et al
ORDER Awarding Fees and Dismissing Case, by Judge Robert S. Lasnik. (SWT)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
INTEGRITY TRUST, by its trustee, Jon
CAPITAL ONE, N.A., et al.,
Case No. C16-927RSL
ORDER AWARDING FEES AND
This matter initially came before the Court on defendants Capital One, N.A. and MERS’s
motion for Rule 11 sanctions and attorneys’ fees. Dkt. # 29. Pursuant to this Court’s order
granting that motion, Dkt. # 39, defendants submitted a declaration setting forth the expenses
incurred in defending this action, Dkt. ## 40, 40-1, 40-2. Plaintiff did not respond. Having
reviewed defendants’ submissions and the remainder of the record, the Court finds as follows.
Defendants seek attorney’s fees in the amount of $55,175 (143.5 hours at a rate of $365
per hour, plus 12.4 hours at a rate of $225 per hour), plus costs in the amount of $518.02. Dkt.
# 40, ¶ 3. Having reviewed the declaration and timekeeping exhibits submitted by defendants’
counsel, the Court finds that the hours expended on this litigation and the rates charged by
defendants’ counsel are reasonable. See Intel Corp. v. Terabyte Int’l, Inc. 6 F.3d 614, 622 (9th
Cir. 1993). Accordingly, the Court concludes that fees and costs in the amount of $55,693.02
are reasonable. Moreover, sanctions of $55,693.02 are appropriate to deter Integrity Trust, the
ORDER AWARDING FEES
AND DISMISSING CASE - 1
Alexanders, and Mr. Sandlin from filing a fourth frivolous lawsuit. See Fed. R. Civ. P. 11(c)(4).
Accordingly, plaintiff and plaintiff’s counsel, J.J. Sandlin, shall, within 90 days of the
date of this order, together reimburse defendants Capital One, N.A. and MERS for fees and costs
in the total amount of $55,693.02. The Clerk of Court is directed to enter judgment for
defendants Capital One, N.A. and Mortgage Electronic Registration Systems, Inc. and against
plaintiff Integrity Trust in the amount of $55,693.02.
Additionally, in light of plaintiff’s failure to show cause why plaintiff’s action against
defendants Chevy Chase Bank, Chicago Title Company, and John Does 1-50 should not be
dismissed, see Dkt. ## 28, 31, plaintiff’s claims against those defendants are hereby dismissed.
The Clerk of Court is directed to enter judgment for defendants Chevy Chase Bank, Chicago
Title Company, and John Does 1-50 and against plaintiff Integrity Trust.
SO ORDERED this 25th day of April, 2017.
Robert S. Lasnik
United States District Judge
ORDER AWARDING FEES
AND DISMISSING CASE - 2
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